On The Real Estate Acquired In Good Faith In The Goodwill

Real estate acquired in good faith to obtain the person’s "goodwill" for theconstituent elements. Takes man’s inner state of well-intentioned, abstract andinvisible, so what is well-intentioned, how the law applies process identifiedgoodwill and long-doctrine contentious precedents in the judicial practice alsovaried, chaos occur repeatedly. Therefore, the study of real estate acquired ingood faith of good faith in the system has a high theoretical value and practicalsignificance.In good faith from the Roman law, Roman law, divided into objective goodfaith in good faith and subjective well-intentioned, former "integrity referee" forthe system in the form, which is equivalent to the principle of good faith in themodern civil law, a code of conduct; latter in The role of the field of propertylaw, without the knowledge of some kind of legal situation, is a normalizationfactor. Into the modern social, Germany, China and France will be subjectivegood faith from the goodwill extracted, preceded by the name of "good faith"Since then, in good faith to refer only to subjective well-intentioned, refersunknowingly. The Chinese Civil goodwill cited from Germany, China andFrance, so the real estate acquired in good faith in good faith in the systemshould be understood to be unaware of. However, since Roman law, since, ingood faith has been the form of normalization factor exists, has differentmeanings in different legal rules. So for real estate in good faith to obtain abenign explanation of the system, a combination of need and immovableproperty in good faith to obtain the applicable conditions of the system. Toregister as a characterization of the form of real property, and real propertyregister has the right to presumption of validity, so the real estate acquired ingood faith in good faith in the system is means for real estate register errorunwitting. In addition, our property right of real estate registration systemdetermines the characteristics of good faith has a duty of care, the case, in thesystem of real estate acquired in good faith, without the knowledge ofunnatural fact, but a social standard human concept, its request for theperformance certain duty of care. Therefore, the real estate acquired in goodfaith in the good faith in the system is for the real estate register error shouldnot know.White identification is a complex project, which contains the burden ofproof of good faith, good faith finds time point, the Standard three aspects ofwell-intentioned identified. The burden of proof allocation rules under section106of the Property Law contains achieved the goodwill should bear theburden of proof on its own. Registration is completed about the the goodwillidentified point in time, due to the real estate acquired in good faith systemerror that may arise in the application for registration, it is well-intentionedidentified point in time as the constituent elements, made in the registrationapplication to withdraw the application for registration of real estate to the completion of registration When prevail; judgment is made whether in goodfaith, are not mechanical, as identified based on gross negligence, but shouldbe a concrete analysis of specific cases. Intentioned finds "reasonable person"standard should refer to the "reasonable person" standard need to beconstructed through the specific case factors, the case factors includingrational person’s ability, knowledge, rational human exposure to theworkplace.